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Seller Lied on Disclosure Form

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whosjoe4

New member
What is the name of your state? Oregon
I purchased a home in 11/2008 now 10 years later 5/2018 I found work done with out a permit and I checked the disclosure form and the seller checked yes all work done with a permit. The work done was a 28'x28' 2 story shop built, a bathroom, a laundry room, a closet, a 60" pipe was put in the creek for land stability and a retaining wall built in the creek all work was done by seller and done without permits. I went to the permit department and verified all permitted work and there is only one permit for the shop slab but no final. Do I have any recourse? Do I have to hire an attorney? Attorneys charge $200.00 an hour, so if I win I'll get my money back if I lose I'm in debt. This is a VA loan. Will my bank help act on this since they really own the house? I do not know whether or not it matters but I am a totally disabled Veteran.
 


adjusterjack

Senior Member
The first thing I suggest you do is get a free consultation with a real estate lawyer and see if you are still within the statute of limitations for a lawsuit.

Then you have to figure what your monetary damages might be. You write that there was a permit for the slab. If there was an inspection of the footings and the footings passed it shouldn't be too difficult to determine if the rest of the building was built to code. If it was then your monetary damages might be minimal as in the cost of the permits retroactively.

Will my bank help act on this since they really own the house?
That's a myth. You own the house, not the bank. The house is the security for your loan. The only way the bank gets the house is if you stop paying on the mortgage.

I do not know whether or not it matters but I am a totally disabled Veteran.
It doesn't. Though, as a veteran, I am sympathetic.
 

HRZ

Senior Member
THe statute of limitations on contract matters in OR is relatively short 4-6 years but I simply don't know when the time clock started in your situation ...ask counsel first thing ...often it begins when the problem was discovered or could readily have been discovered ..

IF it's too late...then its simply too late .

While it is unlikely, a town might make one remove a structure not built to code ..I've seen it happen as to added apartments and decks ......and I'd get real nervous about structures / walls built into a creek without further review of watershed issues .
...Sometimes a can of worms is best left untouched ....ask counsel.
 

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